Tuesday, April 19 2022   \  Published by OMC Abogados & Consultores.

Utility models: most widely used protection instrument in Peru

Introduction

According to the latest report issued by the Peruvian Patent Office, during 2020, despite the covid-19 pandemic, inventors and national companies requested 527 applications for invention patents and utility models. Of these, 360 applications were utility model applications, which represents an increase of 24% compared with 2019 and 38% compared with 2018.

In view of this situation, it is worth asking why Peruvian inventors are increasingly seeking to protect their inventions through utility models – is there a particular legal situation granted by this form of protection that encourages its use?

What are utility models?

Utility models protect inventions with a lower inventive step than a patent. Inventions that can be protected by utility models give an object, a tool or a product a better configuration, structure or composition, resulting in a practical advantage or a better use of an already-existing invention. As an example, a utility model could be used to protect folding chairs, since these incorporate elements that improve the use of an already-existing object – in this case, a chair – and provide a new utility or practical advantage, such as being able to bend the backrest at angles that a rigid chair could not do. Read more

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